Who Can File a Wrongful Death Lawsuit in Missouri?

December 2, 2024

Who Can File a Wrongful Death Lawsuit in Missouri?

A wrongful death lawsuit allows surviving family members to seek compensation when a loved one dies due to someone else's negligence or misconduct. In Missouri, the law outlines specific individuals who have the right to file such a lawsuit. At Allen Injury Law, LLC, we provide legal assistance to the Missouri public, helping families navigate this complex process and seek justice for their loved ones.


ļ»æWho Is Eligible to File a Wrongful Death Lawsuit in Missouri?


Missouri law (RSMo § 537.080) establishes a clear order of who can file a wrongful death claim:

  1. Immediate Family Members (First Tier)
  • Spouse
  • Children (including adopted children)
  • Grandchildren (if the deceased’s children are also deceased)
  • Parents of the deceased
  1. These individuals have the primary right to bring a wrongful death claim.
  2. Siblings (Second Tier)
    If no immediate family members are available, the deceased’s siblings or their descendants may file the lawsuit.
  3. Personal Representative (Third Tier)
    If no family members from the first or second tier are available, the court may appoint a personal representative to pursue the claim on behalf of the deceased’s estate.


What Damages Can Be Recovered?


A wrongful death lawsuit in Missouri can seek various forms of compensation, including:

  • Funeral and burial expenses
  • Medical bills incurred before death
  • Loss of companionship and support
  • Lost wages and future income
  • Pain and suffering experienced by surviving family members


Time Limit for Filing


In Missouri, the statute of limitations for filing a wrongful death claim is three years from the date of the person’s death. Filing after this period may result in losing the right to seek compensation.


How Allen Injury Law, LLC Can Help


Filing a wrongful death lawsuit can be emotionally and legally challenging. At Allen Injury Law, LLC, we are committed to guiding Missouri families through this difficult time with compassion and expertise. We’ll fight to secure the compensation and justice your family deserves.

Contact us today for a consultation and let us help you through this challenging process.


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